Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.
Date: 08-07-2023
Case Style:
Case Number: 1:22-cv-00113
Judge: C.J. Williams
Court: United States District Court for the Northern District of Iowa (Linn County)
Plaintiff's Attorney: Jeremiah Junker and Tim Hill
Defendant's Attorney: Elena Sldyanaya Wolford
Description: Cedar Rapids, Iowa civil rights lawyers represented Plaintiff who sued Defendants on a prisoner civil rights violation theory.
On January 7, 2019, plaintiff provided information to law enforcement agents that Justin Michael Buehler (“Buehler”) regularly sold methamphetamine to other employees at a business in Independence, Iowa.
In January of 2019, plaintiff completed two controlled purchases of methamphetamine from Buehler, in assistance to the United States government. On February 2, 2021, a grand jury charged Buehler with two counts of distribution of methamphetamine, based on those controlled buys. (21-CR-2006-CJW-MAR, at Doc. 2). After several continuances, the case against Buehler was set for trial on June 7, 2022. (Id., at Doc. 96).
On May 19, 2022, AUSA Jason Norwood filed a motion for a material witness warrant for plaintiff's arrest, noting that the government was unable to establish contact with plaintiff and there were outstanding warrants for his arrest. (22-mj-101, at Doc. 1). United States Magistrate Judge Mark A. Roberts granted the government's motion. (Id., at Doc. 2). On May 26, 2022, agents arrested plaintiff on that warrant. (Id., at Doc. 11). On that same day, plaintiff made an initial appearance before Judge Roberts, who appointed counsel to represent plaintiff. (Id., at Docs. 4, 5, 6). The government, represented by AUSAs Norwood and Reinert, sought and the Court granted plaintiff's temporary detention pending a hearing. (Id., at Docs. 7, 8).[3] The United States Marshals transported plaintiff to the Linn County Corrections Center (“the jail”) to be held pending the detention hearing.
On May 27, 2022, Buehler was to be transferred out of the jail, but prior to his transfer he had a recorded phone conversation with an unknown woman:
Unknown woman: “Why, why would they do that?”
Buehler: “Well probably because, fucking, they picked up [Plaintiff] yesterday.”
Unknown woman: “So what's that got to do with anything? I don't understand.”
Buehler: “Yeah I don't either, we have no contact on each other because he's snitch'n on me, but regardless [unclear whether Buehler says “I” or “they”] got people in different pods here, you know what I mean.”
Also on May 27, 2022, and prior to his transfer from the jail, Buehler spoke with fellow inmates Johnny Blahnik Church (“Church”) and Gregory Sills (“Sills”). Buehler told Church and Sills that plaintiff had been arrested in Black Hawk County, Iowa, and would likely be housed in the jail. Buehler provided plaintiff's name and description, telling Church, “[i]f they bring him here ....” Following this comment, Church assured
Buehler that he would take care of it. Buehler also made it known to the entire cell block in the jail that plaintiff had cooperated with the government. Church told Sills that he intended to give plaintiff a bloody nose and a black eye in order to make him appear “fucked up when he testified [against Buehler].” By May 27, 2022, Church had been convicted for the murder of Chris Bagley in 2018.
Upon his arrival at jail on May 27, 2022, and during his intake, plaintiff advised jail staff that he was a material witness and wanted protective custody. Jail staff initially placed plaintiff in a single cell, but an hour or two later moved him to a general population pod.
The jail inmate segregation policies that provide: (a) “Inmates who have exhibited violent behavior shall be segregated if their behavior poses a threat to the safety of other inmates.”; and (b) “Pretrial detainees shall be segregated from inmates who are not pretrial detainees, whenever possible.”
While plaintiff was in the general pod, plaintiff's bunkmate told him that the inmates were waiting for a “snitch,” and when plaintiff saw Buehler's name on the phone sign-up he realized he was in Buehler's former bunk in the pod. With this additional information, plaintiff again asked jail staff to place him in a single cell, but his request was denied.
Shortly after, still on May 27, 2022, Church and Sills attacked plaintiff, hitting him and kicking him. During the assault, Church and/or Sills told plaintiff not to wear a wire, that plaintiff was a “rat”, and insinuated that plaintiff would be assaulted again. Plaintiff alleges that none of the jail staff defendants came to plaintiff's aid during the attack. Following the attack and after regaining consciousness, plaintiff alerted jail staff with an emergency call button.
Plaintiff was subsequently treated at Mercy Hospital and University of Iowa Hospitals, where he was treated for extensive physical injuries, including facial trauma, an orbital fracture, a broken nose and teeth, and a fractured knee. Following the assault, jail staff segregated plaintiff from other inmates and then transferred him to the Hardin County Jail.
According to plaintiff's Amended Complaint, defendant Brian Gardner, the Linn County Sheriff, claims that the jail staff was not provided any classification information, no-contact instructions, or otherwise regarding plaintiff from any federal authorities.[4](Doc. 16, at 8).
In Count II of plaintiff's amended complaint, he alleges that AUSA Reinert and other federal defendants “were deliberately indifferent to a substantial risk of harm to [plaintiff] in various ways, including: (1) failing to provide necessary information to [jail staff] to properly classify and protect [plaintiff] he was held at [the jail]; and (2) failing to protect plaintiff, their informant and material witness.” (Id., at 11).
Outcome: Settled for an undisclosed sum and dismissed with prejudice.
Plaintiff's Experts:
Defendant's Experts:
Comments: